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Journal of the House 2126 JOURNAL OF THE HOUSE Journal of the House FIFTY-EIGHTH DAY HALL OF THE HOUSE OF REPRESENTATIVES, TOPEKA, KS, Friday, April 4, 2008, 9:00 a.m. The House met pursuant to recess with Speaker pro tem Dahl in the chair. The roll was called with 124 members present. Rep. Spalding was excused on excused absence by the Speaker. Prayer by guest chaplain, Father Gabriel Acheampong, Mother Teresa Catholic Church, Topeka, guest of Rep. Carlson: Almighty God, you guide and govern everything with order and love. Look upon the State Legislators here and fill them with the spirit of wisdom, love and compassion. May they always act in accordance with your will and may their decisions bring peace and well-being of all. May they legislate laws to rescue those who are unjustly deprived of liberty and restore them to the freedom you wish for all your sons and daughters. Bless them, their families and friends today with your peace. And bless all of us gathered here today. We ask this through our Lord Jesus Christ, your Son, who lives and reigns with you and the Holy Spirit, one God, forever and ever. The Pledge of Allegiance was led by Rep. Palmer. COMMUNICATIONS FROM STATE OFFICERS From Kent E. Olson, Director, Division of Accounts and Reports, Kansas Department of Administration, revised report on a CD containing the 54th Annual Financial Report of the State of Kansas for fiscal year ended June 30, 2007. The complete report is kept on file and open for inspection in the office of the Chief Clerk. MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY On motion of Rep. Faust-Goudeau, HR 6028, A resolution commemorating the spirit and legacy of Dr. Martin Luther King, Jr. on the 40th anniversary of his assassination, was adopted. There being no objection, the following remarks of Rep. Winn are spread upon the journal: Today, April 4, 2008 marks the 40th anniversary of the assassination of Dr. Martin Luther King, Jr. in 1968. For the first time in 40 years commemorative events are occurring across the United States and around the world. We stand here today to acknowledge the fact that we have all benefitted from the struggle. We now have a moral obligation to seek out economic, political, social and racial injustice and to overcome it. Let us not forget that our job is not complete. We are challenged to rise above partisanship to recommit to the struggle of the 40-year journey and move forward to bring about freedom and justice to this country. Our job and our journey are not complete. There being no objection, the following remarks of Rep. Faust-Goudeau are spread upon the journal: APRIL 4, 2008 2127 Thank you for the opportunity to allow us once again to remember Dr. Martin Luther King, Jr. in the chamber of the Kansas House of Representatives to honor the legacy he left for all of us especially on this day April 4, 2008. Would the body please join us in a moment of silence? Thank you, Mr. Speaker. FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HCR 5033, A concurrent resolution urging the United States to withdraw from the Security and Prosperity Partnership of North America and the North American Free Trade Agreement (NAFTA), was considered on final action. On roll call, the vote was: Yeas 93; Nays 28; Present but not voting: 0; Absent or not voting: 4. Yeas: Ballard, Beamer, Bowers, Brown, Brunk, Burgess, Burroughs, Carlin, Carlson, Crum, Dahl, Davis, Donohoe, Faber, Faust-Goudeau, Feuerborn, Flaharty, Flora, Frown- felter, Fund, Gatewood, George, Goico, Gordon, Grange, Grant, Hawk, Hayzlett, Hender- son, Henry, Hodge, Holland, C. Holmes, M. Holmes, Horst, Huebert, Humerickhouse, Kelley, Kelsey, King, Kinzer, Knox, Kuether, Landwehr, Lane, Loganbill, Long, Lukert, Mah, Mast, Masterson, McCray-Miller, McKinney, McLachlan, McLeland, Menghini, Mer- rick, Jim Morrison, Judy Morrison, Myers, Neighbor, Neufeld, O’Neal, Olson, Otto, Palmer, Patton, Pauls, Peck, Peterson, Powell, Powers, Proehl, Rardin, Rhoades, Roth, Ruff, Schroe- der, Shultz, Siegfreid, Storm, Swenson, Tietze, Treaster, Trimmer, Vickrey, Ward, Watkins, Wetta, Williams, Winn, B. Wolf, Worley. Nays: Bethell, Colloton, Craft, Dillmore, Garcia, Goyle, Hill, Huntington, Johnson, Kie- gerl, Light, Metsker, Moxley, Owens, Phelps, Pottorff, Quigley, Ruiz, Sawyer, Schwartz, Sloan, Svaty, Swanson, Tafanelli, Whitham, Wilk, K. Wolf, Yoder. Present but not voting: None. Absent or not voting: Aurand, Colyer, Crow, Spalding. The resolution was adopted, as amended. H. Sub. for SB 148, An act concerning energy; relating to conservation and electric generation, transmission and efficiency and air emissions; amending K.S.A. 65-3008b, 65- 3012 and 66-104d and K.S.A. 2007 Supp. 65-3005, 65-3008a, 66-1,184 and 74-616 and repealing the existing sections, was considered on final action. Call of the House was demanded. On roll call, the vote was: Yeas 83; Nays 41; Present but not voting: 0; Absent or not voting: 1. Yeas: Aurand, Beamer, Bethell, Bowers, Brown, Brunk, Burgess, Carlson, Colyer, Craft, Crum, Dahl, Donohoe, Faber, Feuerborn, Fund, Gatewood, George, Goico, Gordon, Grange, Grant, Hayzlett, Henry, Hill, Hodge, C. Holmes, M. Holmes, Horst, Huebert, Humerickhouse, Johnson, Kelley, Kelsey, Kiegerl, King, Kinzer, Knox, Landwehr, Light, Lukert, Mast, Masterson, McKinney, McLeland, Merrick, Jim Morrison, Judy Morrison, Moxley, Myers, Neufeld, O’Neal, Olson, Otto, Owens, Palmer, Patton, Pauls, Peck, Peter- son, Phelps, Pottorff, Powell, Powers, Proehl, Rhoades, Roth, Ruff, Schroeder, Schwartz, Shultz, Siegfreid, Sloan, Swanson, Tafanelli, Vickrey, Watkins, Wetta, Whitham, Wilk, Wil- liams, B. Wolf, Yoder. Nays: Ballard, Burroughs, Carlin, Colloton, Crow, Davis, Dillmore, Faust-Goudeau, Fla- harty, Flora, Frownfelter, Garcia, Goyle, Hawk, Henderson, Holland, Huntington, Kuether, Lane, Loganbill, Long, Mah, McCray-Miller, McLachlan, Menghini, Metsker, Neighbor, Quigley, Rardin, Ruiz, Sawyer, Storm, Svaty, Swenson, Tietze, Treaster, Trimmer, Ward, Winn, K. Wolf, Worley. Present but not voting: None. Absent or not voting: Spalding. The substitute bill passed, as amended. EXPLANATIONS OF VOTE MR.SPEAKER: The politically motivated actions that have denied our State’s cleanest coal- fired plant to expand responsibly have demonstrated the need for a comprehensive and strong energy policy. 2128 JOURNAL OF THE HOUSE By requiring the use of renewable resources, reducing carbon dioxide emissions, reducing mercury emissions, and enhancing energy efficiency standards the Legislature has provided a common-sense solution that stabilizes our regulatory climate and sends a message that Kansas is still open for business. For the 3.6 billion dollar Sunflower project, the hundreds of jobs it will create, the economic impact, and the future of our business climate and best interest of our state, I vote yes on H. Sub. for SB 148.—RAY MERRICK,PEGGY MAST MR.SPEAKER: The financial investment in any new base-power source is great and the risk is even greater if the regulatory atmosphere in the state is uncertain. The Kansas-based utilities are frustrated by the present condition of arbitrary regulations that exist in our state today. Reliable and affordable energy is extremely important in keeping our economy vibrant. Legislators, it is time that we avoid playing politics with our energy future, and it is time that we seek both sides of the energy issue and make educated votes for our great state. Mr. Speaker, I vote yes on H. Sub. for SB 148.—DON MYERS MR.SPEAKER: This issue is not strictly about coal, it is about transitioning from fossil fuels to renewable fuels. The integrated energy complex at Holcomb will be a step towards energy independence with ethanol, biodiesel, natural gas and the infrastructure to make wind farms in the area possible. This is a time when we should be holding Sunflower Electric up as an example for the utilities of the nation to emulate, instead we have a single bureaucrat slapping down the efforts to transition to renewable fuels. Mr. Speaker, I vote yes to tran- sitioning to renewable energy. I vote yes on H. Sub. for SB 148.—MITCH HOLMES MR.SPEAKER: The issue is about who makes law. The secretary when questioned about day care regulations said ‘‘it was his job to make and enforce regulations.’’ I said, ‘‘Mr. Secretary it is your job to see the children of Kansas have good affordable day care.’’ This issue is not about clean air but about pure power of KDHE, thus Mr. Speaker, I vote yes on H. Sub. for SB 148.—BILL OTTO MR.SPEAKER: Once elected to office it became apparent that I could no longer concern myself with only my own community or even my own district. As a state representative I had a responsibility to represent the best interest of our state as a whole. For Kansas to prosper we must have a strong economy which creates jobs for all of our residents. Mr. Speaker, I vote yes on H. Sub. for SB 148.—DAVID CRUM MR.SPEAKER: During the 2008 session this body approved millions of taxpayer dollars for economic development in Johnson County, Wichita, Manhattan and southeast Kansas. A yes vote for H. Sub. for SB 148 doesn’t require taxpayer-backed funding but brings a $3.6 billion dollar investment to western Kansas. The Sunflower project represents not only a reestablishment of regulatory certainty and the beginning of a balanced energy policy in our state but also a revitalization of the economy in western Kansas. If this expansion isn’t allowed to move forward, the rest of the state will be forced to carry more of the financial burden. I vote yes on H. Sub. for SB 148.— LARRY POWELL,JEFF WHITHAM,RICHARD CARLSON,GARY K. HAYZLETT,DEENA HORST MR.SPEAKER: H. Sub. for SB 148 represents a lot of firsts for our great state. The legislation moves Kansas toward a balanced energy policy with regulatory certainty including all fuel sources.
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